Kyiv, "25" March 1997

With great interest I have read your letter of 14 February 1997 in which you, presented a comprehensive analysis of the problems related to the indigenous peoples and, in particular, Crimean Tatars.

In this regard, I would like to express my gratitude for your comments on the draft Concept of the National Policy of Ukraine in Relation to Indigenous Peoples and a number of concrete issues related to these problems. I consider it very important that the latest achievements of the international legal studies in this sphere are duly taken into account already on the stage of drafting the above-mentioned concept. In this context, your personal conclusions and speculations are of special value for us.

As you have rightly noted, nowadays, the representatives of indigenous peoples may enjoy in full their rights ensured by the Law of Ukraine "On National Minorities in Ukraine". In this connection, Article 10 of this Law is very important: it guarantees for all national minorities the right to preserve their living environment in the places of their historical settlement. Inclusion of the notion of "indigenous peoples" in the Constitution of Ukraine demonstrates serious attention paid by Ukraine to this issue and provides necessary basis for effective solution of problems relating to it. This Article determines the order of legislative regulation of the issue of return to Ukraine of the deported persons. I am sure that further elaboration of the Concept of National Policy in Relation to Indigenous Peoples with involvement of the international experts may assist to find the most effective ways for solving the problems of indigenous peoples: legislative regulation of their status, or approving the guidelines of the state policy in this sphere or creating appropriate institutional mechanisms.

I can not but agree with your conclusion that the implementation of indigenous peoples' rights considerably depends on the scope of their participation in the representative bodies, as well as on the extent to which their position is taken into account by state executive and legislative authorities in decision-making process on the issues related to indigenous peoples. In my opinion, your idea to use the potential of Crimean Tatars members of the Verkhovna Rada of the ARC as the consultative body in resolving problems of the deported peoples in legal, economic, social and cultural fields might be one of the possibilities to meet tile Crimean Tatars proposal to use Mejlis as a consultative body. At the same time it might allow to avoid putting ethnic criteria in its basis.

Regarding your detailed recommendations on the questions of citizenship which are undoubtedly among the most important issues related to the returning of the deported persons to Ukraine, let me assure you that they will be thoroughly considered by our experts and taken into account in an extensive work being done in this field both by the executive and legislative authorities of Ukraine. I would also like to greatly appreciate once again your principal position concerning the necessity of having a single citizenship in Ukraine, as well as avoiding the cases of dual citizenship and statelessness.

Concerning the problem of acquiring the Ukrainian citizenship by the returning Crimean Tatars, I would like to admit that the legislative measures constitute one of the aspects of resolving the problems of the deported peoples. Appropriate financial and other resources, including those from the international community, would facilitate Ukrainian efforts to ensure the enjoyment of rights by such new citizens. Indeed, Ukraine undertakes maximum efforts to solve the mentioned problems inherited from the totalitarian regime but objectively it is not able to overcome them by own.

I also highly appreciate your attention to the problems of increasing the efficiency of the electoral system in Ukraine in the conditions of the Crimean autonomy, as well as the problems of functioning of the State (Ukrainian) language and the languages of the national minorities in the ARC. The above-mentioned recommendations, as well as others suggested in your letter were sent to the Ministry of Justice of Ukraine for the proper consideration and reflection in relevant draft laws and regulations.

In conclusion, I would like once more to express, Mr. High Commissioner, my deep satisfaction of our ongoing dialogue and constructive fruitful co-operation.